Disposed

Poonam Vaishnav D/O Shri Gopal Vaishnav, v. State of Rajasthan

Rajasthan HC2 Sept 2023CRLW/1357/2023

Case brief

AI extract

What is this about?

Criminal Writ Petition seeking police protection for petitioners facing threats from relatives due to their live-in relationship. Court directed petitioners to file a representation mentioning assailants for the Superintendent of Police to act upon, while clarifying this order does not validate the relationship. Stay application disposed of.

What did the court decide?

Petitioners directed to move representation to Superintendent of Police. Stay application disposed of.

Poonam Vaishnav D/O Shri Gopal Vaishnav, Vs State… — Service and Employment | Rajasthan HC (2023)

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[2023:RJ-JP:20519]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 1357/2023

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Poonam Vaishnav D/o Shri Gopal Vaishnav, Aged About 23 Years, R/o Gujaro Ka Bas, Mohanpura, P.s. Gandhinagar, Tehsil Kishangarh, District Ajmer (Raj). At Present R/o Village Patan, P.s. Bandarsindari, Tehsil Kishangarh, District Ajmer.

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Dinesh Vaishnav S/o Late Shri Satyanarayan Vaishnav, Aged About 27 Years, R/o Village Patan, P.s. Bandarsindari, Tehsil Kishangarh, District Ajmer.

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----Petitioners

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Versus

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State Of Rajasthan, Through Principal Secretary, Department Of Home, Govt. Of Rajasthan, Secretariat, Jaipur.

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Superintendent Of Police, Ajmer.

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Sho, Police Station, Bandarsindari, District Ajmer.

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Surgyan Devi W/o Gopal Vaishnav, R/o Gujaro Ka Bas, Mohanpura, P.s. Gandhinagar, Tehsil Kishangarh, District Ajmer.

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Mahendra S/o Gopal Vaishnav, R/o Gujaro Ka Bas, Mohanpura, P.s. Gandhinagar, Tehsil Kishangarh, District Ajmer.

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Jeetu S/o Bajrang Das, R/o Village Marwa, Tehsil Dudu, P.s. Narena, District Jaipur.

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Bajrang Das S/o Kandas, R/o Village Marwa, Tehsil Dudu, P.s. Narena, District Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Devanshu Sharma, Adv. For : Mr. Laxman Meena, P.P.

[CRLW-1357/2023]

[2023:RJ-JP:20519]

(2 of 4)

Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

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02/09/2023

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In compliance of order dated 04.07.2023 passed by a Co-ordinate Bench of this Court, learned Public Prosecutor has submitted the factual report wherein, it has been mentioned that documents at Annexure-1 filed by petitioners are found to be genuine.

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The petitioners have preferred the present writ petition under Article 226 of the Constitution of India for issuance of necessary directions to the respondent authorities to provide adequate security and protection to them, as they are facing grave threat to their life and liberty at the hands of private respondent(s).

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Learned counsel for the petitioners submits that the petitioners are above 18 years of age and are in a live-in-relationship. But such relationship is not acceptable to their family members/society and they have threatened them of dire consequences.

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He prays that adequate police protection be provided to them.

[CRLW-1357/2023]

[2023:RJ-JP:20519]

(3 of 4)

Though no specific instance or imminent threat has been pleaded but considering the submissions made by learned counsel for the petitioners and having regard to the facts and circumstances of the case, this Court is of the opinion that if the petitioners are having any apprehension or threat perception about their life and liberty from their relatives, they may move appropriate representation before the Superintendent of Police, Ajmer indicating their concern with the name(s) of probable assailants.

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If any such representation is moved by the petitioners, the Superintendent of Police, Ajmer shall consider the same and after analysing the factual situation pass necessary orders or take action to ward off any untoward incident.

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It is hereby clarified that this order may not be construed to be a validation of petitioners’ live-in relationship and proof of their age. Any observation made herein shall not affect any criminal or civil proceedings initiated against the petitioners, at the instance of their relatives.

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With these observations, this criminal writ petition is disposed of.

[2023:RJ-JP:20519]

(4 of 4)

[CRLW-1357/2023]

The stay application also stands disposed of

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accordingly.

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(UMA SHANKER VYAS),J

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DANISH USMANI /517

Poonam Vaishnav D/O Shri Gopal Vaishnav, v. State of Rajasthan

Case brief

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Poonam Vaishnav D/O Shri Gopal Vaishnav, v. State of Rajasthan

Case brief

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